Right before the trial in the case of Kraycar v. Monahan , Timothy Kraycar sought to add "new" injuries onto his "bill of particulars" and to recover punitive damages against Linda Monahan.
Although these new theories and claims didn't appear in his original medical records and pleadings, and were being asserted some five years after the accident had occurred, the Suffolk County Supreme Court allowed these additional issues to be added to the case.
On appeal, the Appellate Division, Second Department, indicated that while a party may update "claims of continuing special damages and disability," "new" injuries or damages couldn't be added "on the eve of trial."
As a result, permitting Kraycar to seek new relief or to make a claim for punitive damages was an "improvident exercise of discretion," particularly since there was nothing in the record which suggested that Monahan acted with the requisite "willful or wanton negligence."
Sorry, but we haven't got a last-minute addition to that.
To download a copy of the Appellate Division's decision, please use this link: Kraycar v. Monahan